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Whittemore v. Whittemore

Absent evidence of substantial and permanent improvements to property, a parol gift of such property is unenforceable.

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Bobbie Jean Mann purchased and built a home on the property in question in 1983. She told her son Ralph and daughter-in-law Glenda that she was gifting the property to them and their son, Steven. In so doing, Mann expressed a desire to provide a home and a nest egg for Steven, who was born three years earlier. Ralph and Glenda agreed to look after Steven’s interest in the property until he reached the age of majority. Throughout his entire life, Steven was told that he owned a one-third undivided interest in the property. Pursuant to a family agreement, when Steven turned 16 years old he began to pay approximately $50 per week toward the maintenance, utilities and insurance on the property.

Mann paid property taxes on the property until 1997. In that year, Mann executed a quitclaim deed conveying the property to Glenda and Ralph.

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